May 23, 2016- Army Corps of Engineers announces proposal to renew and revise nationwide permits
WASHINGTON – The U.S. Army Corps of Engineers (USACE) announced today that it has prepared its proposal to renew and revise 50 nationwide permits for work in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. In addition, USACE will propose to issue two new nationwide permits that pertain to authorizing the removal of low-head dams and the construction and maintenance of living shorelines.
The proposal is scheduled to be published in the Federal Register in a few days. A pre-publication copy of the proposal has been posted on the USACE web site at: http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/NationwidePermits.aspx
A public comment period on the proposal will begin when the proposal is published in the Federal Register. A separate news release will be issued to announce the publication of the proposal in the Federal Register, and how public comments should be submitted.
The nationwide permits authorize activities that are similar in nature and cause only minimal adverse environmental impacts to aquatic resources separately or on a cumulative basis. Activities range from work associated with aids to navigation and utility lines to residential developments and maintenance activities.
Following the public comment period, USACE will review the comments received and prepare final nationwide permits that will replace the existing set of nationwide permits, which were authorized in 2012.Additional information about the USACE Regulatory Program can be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx.
April 18, 2016 - The U.S. Army Corps of Engineers, as part of an
interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish
and Wildlife Service, and the U.S. Department of Agriculture - Natural Resources
Conservation Service, published the final biennial update to the National Wetland Plant List (NWPL) in the federal register. The 2016 NWPL should be used on any delineations
started after 1 May 2016. Any delineations in progress or started before this
date can still use the 2014 NWPL. For more information click here.
October 9, 2015 - the Sixth Circuit issued an order staying the new Clean Water Rule nationwide, pending a determination by the court on jurisdiction to review the rule. Thus, the Clean Water Rule is stayed, and the prior 1986 regulations are in effect nationwide. In the meantime, USACE is not implementing the Clean Water Rule, and is using the 1986 regulations and applicable guidance (those in effect prior to August 28, 2015) in making jurisdictional determinations or taking other actions based on the definition of "waters of the United States.
For more information and updates, please visit the USACE HQ site at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/juris_info.aspx
The Clean Water Act Rule: Definition of "Waters of the United States":
The Office of the Assistant Secretary of the Army for Civil Works (ASA-CW) and the U.S. Environmental Protection Agency (USEPA) Clean Water Act Final Rule. Following is information regarding the rule:
Additional information can be found by visiting the the ASA-CW's website at http://www.army.mil/asacw/ or the USEPA's website at http://www2.epa.gov/cleanwaterrule.
On March 18, 2015, the USEPA signed a Consent Agreement and Final Order with CTMGT Tuberville, LLC assessing a Class I civil penalty of $4,500 under Section 404 of the Clean Water Act (CWA) for unauthorized work and a violation of permit conditions on a subdivision in Denton, Texas. The work was discovered by the Regulatory Branch and referred to USEPA as a knowing and willful violation. In addition to the fine, the permittee was ordered to restore the area within permit conditions.